U.S. Senate Passes Federal Funding Bill Which Includes Amendment to Grant FDA Authority to Regulate Tobacco Products
with Synthetic Nicotine Bill Now Being Prepared for Delivery to President Biden for Signing Last evening, the U.S. Senate passed the legislation titled the “Consolidated Appropriations Act of 2022” on a vote of 68-31. This bill funds the U.S. Government through September of 2022 and also includes a section that grants the FDA authority to regulate tobacco products which contain nicotine that is not made or derived from tobacco (e.g., synthetic nicotine).
The appropriations bill amends the definition of the term “tobacco product” under the Family Smoking Prevention and Tobacco Control Act to define a tobacco product as “any product made or derived from tobacco or containing nicotine from any source, that is intended for human consumption” (new language is italicized). In addition, the language of the section includes a new sentence that reads “This chapter shall also apply to any tobacco product containing nicotine that is not made or derived from tobacco.” The legislation states that the amendments regarding the definition of a tobacco product would have an effective date 30 days after the day that the bill is enacted. The legislation provides that a manufacturer marketing a tobacco product which contains nicotine from a source other than tobacco (e.g., synthetic nicotine) must file a Pre-Market Tobacco Application (PMTA) with the FDA within 30 days after this effective date for the product to remain on the market. Then, for an additional 90 days after the effective date, the manufacturer can continue to sell its product on the market. At the time this 90-day period ends, the product would need to be removed from the market if the FDA has not issued an order granting the marketing of the tobacco products.
CALL YOUR CONGRESSMAN AND TELL THEM YOU OPPOSE THIS BILL!